[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Proposed Rules]
[Pages 1562-1567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31491]



[[Page 1561]]

Vol. 78

Tuesday,

No. 5

January 8, 2013

Part V





Department of Defense





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Semiannual Regulatory Agenda

  Federal Register / Vol. 78, No. 5 / Tuesday, January 8, 2013 / 
Unified Agenda  

[[Page 1562]]


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DEPARTMENT OF DEFENSE

32 CFR Chs. I, V, VI, and VII

33 CFR Ch. II

36 CFR Ch. III

48 CFR Ch. II


Improving Government Regulations; Unified Agenda of Federal 
Regulatory and Deregulatory Actions

AGENCY: Department of Defense (DoD).

ACTION: Semiannual regulatory agenda.

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SUMMARY: The Department of Defense (DoD) is publishing this semiannual 
agenda of regulatory documents, including those that are procurement-
related, for public information and comments under Executive Order 
12866 ``Regulatory Planning and Review.'' This agenda incorporates the 
objective and criteria, when applicable, of the regulatory reform 
program under the Executive Order and other regulatory guidance. It 
contains DoD issuances initiated by DoD components that may have 
economic and environmental impact on State, local, or tribal interests 
under the criteria of Executive Order 12866. Although most DoD 
issuances listed in the agenda are of limited public impact, their 
nature may be of public interest and, therefore, are published to 
provide notice of rulemaking and an opportunity for public 
participation in the internal DoD rulemaking process. Members of the 
public may submit comments on individual proposed and interim final 
rulemakings at www.regulations.gov during the comment period that 
follows publication in the Federal Register.
    This agenda updates the report published on January 20, 2012, and 
includes regulations expected to be issued and under review over the 
next 12 months. The next agenda is scheduled to be published in the 
spring of 2013. In addition to this agenda, DoD components also publish 
rulemaking notices pertaining to their specific statutory 
administration requirements as required.
    Starting with the fall 2007 edition, the Internet became the basic 
means for disseminating the Unified Agenda. The complete Unified Agenda 
will be available online at www.reginfo.gov, in a format that offers 
users the ability to obtain information from the Agenda database.
    Because publication in the Federal Register is mandated for the 
regulatory flexibility agendas required by the Regulatory Flexibility 
Act (5 U.S.C. 602), the Department of Defense's printed agenda entries 
include only:
    (1) Rules that are in the Agency's regulatory flexibility agenda, 
in accordance with the Regulatory Flexibility Act, because they are 
likely to have a significant economic impact on a substantial number of 
small entities; and
    (2) Any rules that the Agency has identified for periodic review 
under section 610 of the Regulatory Flexibility Act.
    Printing of these entries is limited to fields that contain 
information required by the Regulatory Flexibility Act's agenda 
requirements. Additional information on these entries is in the Unified 
Agenda available online.

FOR FURTHER INFORMATION CONTACT: For information concerning the overall 
DoD regulatory improvement program and for general semiannual agenda 
information, contact Ms. Patricia Toppings, telephone 571-372-0485, or 
write to Executive Services Directorate, Washington Headquarters 
Services, 1155 Defense Pentagon, Washington, DC 20301-1155, or email: 
[email protected].
    For questions of a legal nature concerning the agenda and its 
statutory requirements or obligations, write to Office of the General 
Counsel, 1600 Defense Pentagon, Washington, DC 20301-1600, or call 703-
697-2714.
    For general information on Office of the Secretary regulations, 
other than those which are procurement-related, contact Ms. Morgan 
Park, telephone 571-372-0489, or write to Executive Services 
Directorate, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155, or email: [email protected].
    For general information on Office of the Secretary agenda items, 
which are procurement-related, contact Mr. Manuel Quinones, telephone 
571-372-6088 or write to Defense Acquisition Regulations Directorate, 
4800 Mark Center Drive, Suite 15D07-2, Alexandria, VA 22350, or email: 
[email protected].
    For general information on Department of the Army regulations, 
contact Ms. Brenda Bowen, telephone 703-428-6173, or write to the U.S. 
Army Records Management and Declassification Agency, ATTN: AAHS-RDR-C, 
Casey Building, Room 102, 7701 Telegraph Road, Alexandria, VA 22315-
3860, or email: [email protected].
    For general information on the U.S. Army Corps of Engineers 
regulations, contact Mr. Chip Smith, telephone 703-693-3644, or write 
to Office of the Deputy Assistant Secretary of the Army (Policy and 
Legislation), 108 Army Pentagon, Room 2E569, Washington, DC 20310-0108, 
or email: [email protected].
    For general information on Department of the Navy regulations, 
contact LCDR Catherine Chiapetta, telephone 703-614-7408, or write to 
Department of the Navy, Office of the Judge Advocate General, 
Administrative Law Division (Code 13), Washington Navy Yard, 1322 
Patterson Avenue SE., Suite 3000, Washington, DC 20374-5066, or email: 
[email protected].
    For general information on Department of the Air Force regulations, 
contact Bao-Anh Trinh, telephone 703-695-6608/6605, or write to 
Department of the Air Force, SAF/A6PP, 1800 Air Force Pentagon, 
Washington, DC 20330-1800, or email: [email protected].
    For specific agenda items, contact the appropriate individual 
indicated in each DoD component report.

SUPPLEMENTARY INFORMATION: This edition of the Unified Agenda of 
Federal Regulatory and Deregulatory Actions is composed of the 
regulatory status reports, including procurement-related regulatory 
status reports, from the Office of the Secretary of Defense (OSD) and 
the Departments of the Army and Navy. Included also is the regulatory 
status report from the U.S. Army Corps of Engineers, whose civil works 
functions fall under the reporting requirements of Executive Order 
12866 and involve water resource projects and regulation of activities 
in waters of the United States.
    DoD issuances range from DoD directives (reflecting departmental 
policy) to implementing instructions and regulations (largely internal 
and used to implement directives). The OSD agenda section contains the 
primary directives under which DoD components promulgate their 
implementing regulations.
    In addition, this agenda, although published under the reporting 
requirements of Executive Order 12866, continues to be the DoD single-
source reporting vehicle, which identifies issuances that are currently 
applicable under the various regulatory reform programs in progress. 
Therefore, DoD components will identify those rules which come under 
the criteria of the:
    a. Regulatory Flexibility Act;
    b. Paperwork Reduction Act of 1995;
    c. Unfunded Mandates Reform Act of 1995.
    Those DoD issuances, which are directly applicable under these 
statutes,

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will be identified in the agenda and their action status indicated. 
Generally, the regulatory status reports in this agenda will contain 
five sections: (1) Prerule stage; (2) proposed rule stage; (3) final 
rule stage; (4) completed actions; and (5) long-term actions. Where 
certain regulatory actions indicate that small entities are affected, 
the effect on these entities may not necessarily have significant 
economic impact on a substantial number of these entities as defined in 
the Regulatory Flexibility Act (5 U.S.C. 601(6)).
    Although not a regulatory agency, DoD will continue to participate 
in regulatory initiatives designed to reduce economic costs and 
unnecessary burdens upon the public. Comments and recommendations are 
invited on the rules reported and should be addressed to the DoD 
component representatives identified in the regulatory status reports. 
Although sensitive to the needs of the public, as well as regulatory 
reform, DoD reserves the right to exercise the exemptions and 
flexibility permitted in its rulemaking process in order to proceed 
with its overall defense-oriented mission. The publishing of this 
agenda does not waive the applicability of the military affairs 
exemption in section 553 of title 5 U.S.C. and section 3 of Executive 
Order 12866.

    Dated: October 17, 2012.
 Michael L. Rhodes,
Director, Administration and Management.

      Defense Acquisition Regulations Council--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
252.......................  Safeguarding Unclassified          0750-AG47
                             DoD Information (DFARS
                             Case 2011-D039).
------------------------------------------------------------------------


        Defense Acquisition Regulations Council--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
253.......................  Government Support                 0750-AG95
                             Contractor Access to
                             Technical Data (DFARS
                             Case 2009-D031).
254.......................  Proposal Adequacy                  0750-AH47
                             Checklist (DFARS Case
                             2011-D042).
255.......................  Ownership of Offeror               0750-AH58
                             (DFARS Case 2011-D044).
------------------------------------------------------------------------


       Defense Acquisition Regulations Council--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
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256.......................  Reporting of Government-           0750-AG83
                             Furnished Property (DFARS
                             Case 2012-D001).
------------------------------------------------------------------------


   Office of Assistant Secretary for Health Affairs--Final Rule Stage
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
257.......................  TRICARE; Reimbursement of          0720-AB41
                             Sole Community Hospitals
                             (Reg Plan Seq No. 27).
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References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


DEPARTMENT OF DEFENSE (DOD)

Defense Acquisition Regulations Council (DARC)

Proposed Rule Stage

252. Safeguarding Unclassified DOD Information (DFARS Case 2011-D039)

    Legal Authority: 41 U.S.C. 1303
    Abstract: This rule proposes to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to add a DFARS subpart and 
associated contract clauses to address requirements for the 
safeguarding of unclassified information within contractor information 
systems. This rule addresses the safeguarding requirements specified in 
Executive Order 13556, Controlled Unclassified Information. The purpose 
of this proposed DFARS rule is to implement adequate security measures 
to safeguard unclassified DoD information within contractor information 
systems from unauthorized access and disclosure, and to prescribe 
reporting to DoD certain events that affect DoD information existing in 
or traveling through contractor unclassified information systems. DoD 
published an Advance Notice of proposed Rulemaking (ANPRM) and notice 
of public meeting in the Federal Register at 75 FR 9563 on March 3, 
2010, to provide the public an opportunity for input into the initial 
rulemaking process. The ANPRM addressed basic and enhanced safeguarding 
procedures for the protection of DoD information. DoD estimates that 
the rule will apply to approximately 76 percent of the small businesses 
that will be required to provide protection of DoD information at an 
enhanced level. DoD invited comments from small business concerns and 
other interested parties on the expected impact of this rule on small 
entities.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/03/10  75 FR 9563
ANPRM Comment Period End............   05/03/10
NPRM................................   06/29/11  76 FR 38089
NPRM Comment Period End.............   08/29/11
NPRM Comment Period Extended........   12/16/11  76 FR 55297
NPRM Comment Period Extended........   10/28/11  76 FR 66889
NPRM Comment Period End.............   12/16/11

[[Page 1564]]

 
NPRM................................   03/00/13  .......................
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Manuel Quinones, Department of Defense, Defense 
Acquisition Regulations Council, 4800 Mark Center Drive, Suite15D07-2, 
Alexandria, VA 22350, Phone: 571 372-6088, Email: 
[email protected].
    RIN: 0750-AG47

DEPARTMENT OF DEFENSE (DOD)

Defense Acquisition Regulations Council (DARC)

Final Rule Stage

253. Government Support Contractor Access to Technical Data (DFARS Case 
2009-D031)

    Legal Authority: Pub. L. 111-84; 41 U.S.C. 1303
    Abstract: DoD is amending the Defense Federal Acquisition 
Regulation Supplement (DFARS) to implement section 821 of the National 
Defense Authorization Act for Fiscal Year 2010. Section 821 authorizes 
certain types of Government support contractors to have access to 
proprietary technical data belonging to prime contractors and other 
third parties, provided that the owner of the technical data may 
require the support contractor to sign a non-disclosure agreement. 
These nondisclosure agreements, having certain restrictions and legal 
or equitable remedies, protect the owner of the technical data against 
disclosure of confidential information. Additionally, this rule 
implements a third statutory exception to the prohibition on release of 
privately developed data outside the Government. This new statutory 
exception allows a ``covered Government support contractor'' access to, 
and use of, any technical data delivered under a contract for the sole 
purpose of furnishing independent and impartial advice or technical 
assistance directly to the Government in support of the Government's 
management and oversight of the program or effort to which such 
technical data relates.
    The rule also provides a definition of ``covered Government support 
contractor'' as contractor under a contract, whose primary purpose is 
to furnish independent and impartial advice or technical assistance 
directly to the Government in support of the Government's management 
and oversight of a program or effort. A ``covered Government support 
contractor'' must meet certain criteria identified in the rule and 
provide certain assurances to the Government to protect the proprietary 
and nonpublic nature of the technical data furnished to the covered 
Government support contractor, to include signing a non-disclosure 
agreement.
    The rule affects small businesses that are Government support 
contractors that need access to proprietary technical data belonging to 
prime contractors and other third parties. The impact of this rule on 
small business is not expected to be significant because the non-
disclosure agreement is not likely to have a significant cost or 
administrative impact.
    Timetable:

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               Action                    Date            FR Cite
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Interim Final Rule..................   03/02/11  76 FR 11363
Interim Final Rule Effective Date...   03/02/11
Interim Final Rule Comment Period      05/02/11
 End.
Final Action........................   03/00/13
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Manuel Quinones, Department of Defense, Defense 
Acquisition Regulations Council, 4800 Mark Center Drive, Suite15D07-2, 
Alexandria, VA 22350, Phone: 571 372-6088, Email: 
[email protected].
    RIN: 0750-AG95

254. Proposal Adequacy Checklist (DFARS Case 2011-D042)

    Legal Authority: 41 U.S.C. 1303.
    Abstract: DoD is amending the Defense Federal Acquisition 
Regulation Supplement (DFARS) to add a checklist for DoD contractors to 
complete under solicitations that require submission of certified cost 
or pricing data and the Contracting Officer chooses to use the 
associated provision. This rule supports one of DoD's Better Buying 
Power initiatives. The purpose of the Proposal Adequacy Checklist and 
associated solicitation provision is to ensure offerors submit 
thorough, accurate, and complete proposals. This rule is not expected 
to have a significant economic impact on small businesses.
    Timetable:

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               Action                    Date            FR Cite
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NPRM................................   12/02/11  76 FR 75512
NPRM Comment Period End.............   01/21/12
Final Action........................   02/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Manuel Quinones, Department of Defense, Defense 
Acquisition Regulations Council, 4800 Mark Center Drive, Suite15D07-2, 
Alexandria, VA 22350, Phone: 571 372-6088, Email: 
[email protected].
    RIN: 0750-AH47

255. Ownership of Offeror (DFARS Case 2011-D044)

    Legal Authority: 41 U.S.C. 1303.
    Abstract: DoD is amending the Defense Federal Acquisition 
Regulation Supplement (DFARS) to add a solicitation provision to 
require offerors to identify their highest-level owner, immediate 
owner, and entity with controlling interest in the offeror. The 
Commercial And Government Entity (CAGE) code and legal name of that 
business provide the ability to identify owners of offerors. DoD does 
not anticipate this rule will have a significant impact on small 
business.
    Timetable:

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               Action                    Date            FR Cite
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NPRM................................   07/24/12  77 FR 43474
NPRM Comment Period End.............   09/24/12
Final Action........................   02/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Manuel Quinones, Department of Defense, Defense 
Acquisition Regulations Council, 4800 Mark Center Drive, Suite15D07-2, 
Alexandria, VA 22350, Phone: 571 372-6088, Email: 
[email protected].
    RIN: 0750-AH58

DEPARTMENT OF DEFENSE (DOD)

Defense Acquisition Regulations Council (DARC)

Completed Actions

256. Reporting of Government-Furnished Property (DFARS Case 2012-D001)

    Legal Authority: 41 U.S.C. 1303
    Abstract: DoD amended the Defense Federal Acquisition Regulation 
Supplement (DFARS)to revise and standardize reporting requirements for 
Government-furnished property to include items uniquely and non-
uniquely identified. The objective of the rule is to improve the 
accountability and control of DoD assets. The revisions modify and 
standardize contractor Government property reporting requirements. This 
rule alters the requirements of the current clause, which requires 
Defense contractors to report (primarily) Government-

[[Page 1565]]

furnished equipment items valued at $5,000 or more, to a new 
requirement to report all serially managed Government-furnished 
property regardless of unit acquisition cost. The clause at 252.211-
7007, is being renamed as ``Reporting of Government-Furnished 
Property,'' and is being revised to expand definitions, and provide 
guidance on reporting of GFP. This clause applies to commercial 
contracts that have GFP and reporting applicability, and is added to 
the list of solicitation provisions and contract clauses applicable to 
the acquisition of commercial items at DFARS 212.301. Additionally, the 
clause at 252.251-7000 is being revised to require electronic receipts 
of property obtained from Government supply sources. DoD estimates that 
approximately one-fourth of all contractors in possession of 
Government-furnished property are small business. All DoD contractors 
in possession of Government property will be equally affected by the 
revision in reporting requirements.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/22/10  75 FR 80426
NPRM Comment Period Extended........   02/18/11  76 FR 9527
Public Meeting......................   03/18/11  76 FR 11190
NPRM Comment Period End.............   04/08/11
Second NPRM.........................   10/19/11  76 FR 64885
Second NPRM Comment Period End......   12/19/11
Final Action........................   08/29/12  77 FR 52254
Final Action Effective..............   08/29/12
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Manuel Quinones, Department of Defense, Defense 
Acquisition Regulations Council, 4800 Mark Center Drive, Suite15D07-2, 
Alexandria, VA 22350, Phone: 571 372-6088, Email: 
[email protected].
    RIN: 0750-AG83

DEPARTMENT OF DEFENSE (DOD)

Office of Assistant Secretary for Health Affairs (DODOASHA)

Final Rule Stage

257. Tricare; Reimbursement of Sole Community Hospitals

    Regulatory Plan: This entry is Seq. No. 27 in part II of this issue 
of the Federal Register.
    RIN: 0720-AB41

[FR Doc. 2012-31491 Filed 1-7-13; 8:45 am]
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